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the Bombay Court recently took a pro-publicity and -personalityrights stance in an ex-parte ad-interim order concerning the unauthorized use and cloning of Indian artist Arijit Singh ’s voice by multiple defendants. In essence, Arijit Singh lamented a troubling array of violations of his publicity and personalityrights.
Here is our recap of last week’s top IP developments including summary of the posts on Delhi High Court’s orders in the Pertuzumab patent dispute, order concerning personalityrights of the Telugu movie star Vishnu Manchu, and Madras High Court’s decision on burden of proof in patent revocation cases.
There has been immense activity surrounding the jurisprudence of celebrity rights in India with numerous judicial pronouncements in recent years. In a recent development, the High Court of Delhi confirmed that the publicity rights of individuals are not inheritable and extinguished with the death of the individual/celebrity.
In a guest post , Satchit Bhogle covered the issue of infringement of personalityrights. It is noted that the test for identifying infringement of personalityrights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion.
on 7 February, 2025 (Delhi High Court) Image from here In a trademark and personalityrights infringement suit, the plaintiffs, Sir Ratan Tata Trust and Tata Sons, sought relief against the defendants for unauthorized use of the well-known trademarks TATA and TATA TRUSTS, as well as the well-known personal name and image of Late Ratan N.
The recommendation from the 161st Parliamentary Report to “create a separate category of rights for AI and AI-related works” holds significance, given the increasing prevalence of AI-generated content in our daily lives.
Factual Background The case at hand involved the plaintiff seeking an interim injunction against the defendants to restrain them from using the name/likeness of the late actor unauthorizedly through the release of the impugned film amounting to infiltration of personalityrights, violation of free trial, passing off et al.
We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition Act, and on the inheritability of personalityrights. Looking at the Data from the IPO Annual Reports Patent filings and grants are at an all-time high in India. Her area of interest lies in IP and corporate law.
Among the many grounds was the court’s refusal to afford post mortem protection to personalityrights of the actor. I shall specifically be dealing with the contention around publicity rights. Brief facts. The matter is now scheduled for hearing for tomorrow. Court’s reasoning.
The USTR did not include the site in its report, however, and Voicify continued its operations as usual. Jammable is just one worrying example of AI developers encroaching on the personalrights of music creators for their own financial gain,” Musicians’ Union General Secretary Naomi Pohl says.
The petitioner contented that Jayalalithaa’s personalityrights and her family’s privacy rights should be protected and that the productions may be incorrect and misleading. Parliamentary Standing Committee Report on the IP regime. SpicyIP’s compilation of posts on the IPAB can be found here.
PART I] Synthetic Singers and Voice Theft: BomHC protects Arijit Singh’s PersonalityRights In a first of its kind order in India, the BHC restrains AI platforms from using likeness of famous singer Arijit Singh, finding them to prima facie infringe his personalityrights. Read on below to know more.
Marcel Pemsel reported on the new CJEU reform which was made to reduce the workload of the Court of Justice of the EU and to increase transparency of the judicial process. Geographical Indications Anastasiia Kyrylenko reported on the Laguiole case which was covered before here , here , here and here. 191 RoP GC.
She highlights that the Court refused to afford post mortem protection to personalityrights of the actor. Nishtha emphasises that in determining whether the deceased possessed personalityrights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights.
The third category lists notable developments on the legislative and policy side and includes important amendments, proposals for amendments, release of policy notes and reports etc. The Court delineated instances like parody and satire where free speech in the context of well-known persons may be protected.
Already enacted and practically significant , but legally non-binding is the “Personal Information Security Specification” of 2020, which similarly categorises “facial recognition features” as sensitive personal information and requires explicit, unbundled consent and specific security measures.
As predicted in this space, Wired News reports that the publicity generated by Apple’s ham-fisted exile of a new book about Steve Jobs from its own stores has resulted in such strong demand for the book that the publisher, John Wiley & Sons, has “doubled the print run and moved publication forward a month to […] The post Good (..)
The appellant had requested the First Examination Report and responded to the objections therein, following which a hearing notice was issued with respect to objections on lack of clarity and novelty. The appellant then annexed its amended independent claim, in which it incorporated certain unobjected features of previous claims.
Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.
In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personalityrights, and multiple leaks of key documents and their contribution in law-making. M/S Suman International & Anr. vs Mahendra Gulwani & Anr.
When they do that, they open themselves up to accusations of unauthorisedly infringing on the athlete’s personalityrights. But the patriotism of FMCG and other companies, entities who have personality and nationality only by legal fiction, is less certain. The Right of Publicity. Entertainment Pvt.
In recent times, the Delhi High Court has been spewing out decisions involving the PersonalityRights of celebrities. We had the Anil Kapoor decision last year and similar rulings followed in 2024 dealing with the rights of Jackie Shroff , Vishnu Manchu , Arijit Singh.
c) Top 10 IP Legislative and Policy Related Developments This category lists notable developments on the legislative and policy side and includes important amendments, proposals for amendments, release of policy notes and reports etc. However, the two categories are not mutually exclusive.
Secondly, it seems from news reports (see here and here ) that Wunderbaar has expanded their argument – from claiming copyright over the performance rights, they are also now arguing that they own the copyright over the characters and costumes. Interestingly, they have also been subject to protection under personalityrights.
V Shrinivasan: “Will”ing Posthumous Privacy/Publicity Rights into Existence By Bharathwaj Ramakrishnan In a recent interim order (see here for a news report on this development, and for the Order see here ( pdf )) issued by the Madras HC in the case of Music Academy v. Image from here Music Academy v.
Check the report as well as the India specific chapters linked in the SpicyIP tidbit by Niyati Prabhu. Image Rights Alright—But Can They Trump Established Rights and Doctrines? SpicyIP Tidbit: GII 2023 – India Retains its 40th Rank India ranks 40th in the Global Innovation Index, 2023! Should They? Read the post by Prof.
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